Page No.# 1/3 GAHC020006962025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/187/2025 in WP(C)/56/2025 NEW INDIA ASSURANCE CO. LTD REPRESENTED BY THE ASSISTANT MANAGER, GUWAHATI R.O., NORTH EASTERN REGIONAL OFFICE, G.S. ROAD, BHANGAGARJ, GUWAHATI-781005, EMAIL- upashana.mishra@newindia.co.in VERSUS MR. ENIBEMO LOTHA AND 7 ORS BROTHER OF LATE K. BIPENTHUNG LOTHA, P/O- TSUMANG A COLONY, WOKHA, NAGALAND 2:UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAWAN NEW DELHI-110011 3:THE STATE OF NAGALAND REPRESENTED BY THECHIEF SECRETARY. GOVT. OF NAGALAND NAGALAND KOHIMA 4:THE COMMISSIONER AND SECRETARY GOVT. OF NAGALAND HEALTH AND FAMILY WELFARE DEPT NEW SECRETARIAT NAGALAND KOHIMA-797001 5:THE PRINCIPAL DIRECTOR DIRECTORATE OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA-797001 6:THE DEPUTY COMMISSIONER WOKHA DISTRICT-797111 NAGALAND 7:THE ADDITIONAL DEPUTY COMMISSIONER Page No.# 2/3 WOKHA NAGALAND 8:THE ADDITIONAL DEPUTY COMMISSIONER WOKHA NAGALAN Advocate for the Petitioner : PFOSEKHO PFOTTE, Advocate for the Respondent : , BEFORE HON'BLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 30.10.2025 Heard Shri Pfosekho Pfotte, learned counsel for the applicant, who, by means of this application, has prayed for deletion of its name as the respondent no. 8 in the connected WP(C)/56/2025. The learned counsel for the applicant has drawn the attention of this Court to the communication dated 29.04.2024 enclosed as Annexure-A which is issued by the Ministry of Health and Family Welfare, Government of India. By the said communication, it has been requested to handover all the pending original claim documents to the said Ministry. Shri Pfotte, learned counsel, accordingly submits that in view of the above, the applicant will not have any role in the adjudication of the present writ petition. Shri Z Kulnu, learned counsel for the opposite party / writ petitioner has, however, submitted that the prayer for deletion may not be appropriate at this stage inasmuch, as the aforesaid communication dated 29.04.2024 have also made a mention of some kind of role which is still to be played by the applicant. Considered the rival submissions. The present prayer is primarily based on the communication dated Page No.# 3/3 29.04.2024, the relevant portions of which are extracted hereinbelow: “4. Hence, you are requested to handover all the pending original claim documents (along with all supporting documents) pertaining to PMGKP to the undersigned along with forwarding letter from NIACL duly signed and stamped. 5. Furthermore, NIACL is kindly asked to maintain its valuable support to the MoHFW by assisting in acquiring any necessary supporting documents from regional offices and liaising with State Nodal authorities for coordination purposes till the pending claims are processed by MoHFW.” While the applicant would be correct in contending that the original records have been directed to be handed over back to the Ministry, from the contents of paragraph 5 thereof, it cannot be said that the role of the applicant is completely severed from the issue involved. In view of the above, presently, this Court is not inclined to direct the deletion of the applicant as the respondent no. 8. IA accordingly stands disposed of. Sd/- JUDGE Comparing Assistant